The current state of voter purging

We’ll start here, and there’s a lot to unpack.

Still the only voter ID anyone should need

Gov. Greg Abbott on Monday announced that the state has removed over 1 million names from the Texas voter rolls, mainly people who moved out of state or died but including 6,500 who Abbott described as potential noncitizens.

“Illegal voting in Texas will never be tolerated,” Abbott said in a statement. “We will continue to actively safeguard Texans’ sacred right to vote while also aggressively protecting our elections from illegal voting.”

Abbott added in a social media post that the removed names are being passed on to the attorney general’s office for possible criminal charges.

The governor’s announcement came five years after a botched attempt in 2019 to purge up to 100,000 suspected noncitizen voters led to the resignation of a Texas Secretary of State and a settlement with voting rights organizations setting parameters for future cleanups.

Ashley Harris, attorney for the ACLU of Texas, said the group has unresolved questions about the accuracy of the state’s latest data because the organization has not been allowed to review it.

Several local election officials in 2021 had warned that the state’s data continued to wrongly flag people who became citizens through naturalization.

“Gov. Abbott’s recent announcement about voter registration list maintenance lacks context, and instead points to routine voter list maintenance that does not provide evidence of wrongdoing by any voter,” Harris said. “Any attempts to point to this data as evidence of criminal wrongdoing is part of a pattern of voter intimidation and suppression by the state of Texas and certain elected officials.”

[…]

The people removed since the new law went into effect in December 2021 included: Over 6,000 who have a felony conviction, over 457,000 who are dead, over 463,000 whose addresses may have changed and who did not respond to a request for confirmation, over 134,000 who confirmed they moved, and over 19,000 who requested to cancel their registration.

Those removed from the voter rolls also include 65,000 who failed to respond to a notice requesting that they attest to their eligibility to vote after a secretary of state investigation indicated they may be ineligible.

Over 6,500 were removed because they are “potential noncitizens,” and of those, about 1,900 had cast votes in Texas elections, according to a statement from Abbott.

Inclusion on that list does not prove a person is a noncitizen, as the list includes people who failed to respond to a request from the secretary of state’s office for them to submit proof of citizenship within 30 days. Those who have recently moved may not have seen the notices.

Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said he doesn’t understand why Republicans are touting the latest numbers as a big headline. He said the number of potential noncitizens removed is “miniscule in context” with the overall registration numbers and is probably an overcount that includes naturalized citizens.

“The reason he (Abbott) and others are trying to undermine confidence in our election system is to give a reason to suppress legitimate votes through draconian legislation,” Saenz said. “And to, in advance, call into question an election outcome they don’t like. That’s what we saw in 2020.”

The Trib was also on this. We remember that 2019 purge attempt. There was another one in 2021, which led to litigation that was eventually Fifth Circuited. Some of this is indeed needless chest-thumping over normal business, but some of it has malicious intent, mostly over the “non-citizen” allegations, which are now articles of faith in the election-denial crowd. It’s hard and exhausting to always be arguing against lies and bullshit, and it has a corrosive effect that benefits the liars. It’s just where we are.

But fight we might and so we do.

Abbott’s announcement, coming just weeks before the deadline for registering to vote in the November election, has prompted confusion by voting rights groups and some Texans who say they were surprised to learn recently that they had been flagged for potential removal by their local elections offices. But most of the people identified by the governor appeared to have died or moved and not participated in recent elections, and the figures Abbott cited aren’t out of line with totals reported annually by the secretary of state’s office, according to a review by Hearst Newspapers.

Civil rights advocates have pressed for access to the underlying data behind the purges, saying they are concerned that eligible voters could be ensnared. In a letter to Secretary of State Jane Nelson on Wednesday, they specifically raised concerns that eligible voters could be getting wrongly identified as noncitizens and that ongoing removals would violate a federal “quiet period,” which prevents removals from voter rolls in the 90 days before an election.

Democratic lawmakers warned on Thursday that the removals could mirror a botched 2019 effort to remove noncitizens from the rolls, and they urged supporters to check the status of their own voter registration.

State Rep. Gene Wu, D-Houston, blasted state leadership for not sharing the underlying data.

“We’ve asked to see the list of the people who have been kicked off the rolls, people who have been suspended, why they were suspended,” Wu said at a news conference in Houston. “They have so far completely ignored those requests.”

A spokesperson for the Harris County Tax Assessor-Collector’s office, which is responsible for overseeing the county’s voter rolls, said they have not carried out any sort of unusual purge of records this year.

“Records have been canceled if a voter moved out of Harris County or if we have been notified of a voter’s death,” she said.

Jacquelyn Callanen, Bexar County elections chief, said the county had conducted only its routine maintenance, removing around 40,000 names last year.

People move and people die, and there have always been processes in place to remove them from the rolls as warranted. The “non-citizens are registering to vote!” canard, goosed this year by one of the usual suspects, is dangerous in part because there are also a lot of checks in place to prevent non-citizens from getting registered, and in part because a lot of the people who end up getting flagged in the purges that Abbott likes to tout are people who registered after being naturalized for whom that data is obsolete, or just people unlucky enough to share a name and birth date with a non-citizen. You might be surprised how often that can happen in a state with 30 million people. And lest we forget, there are other bad actors out there trying to cause mayhem on their own. We don’t pay our election administrators enough.

How many people actually end up on the business end of this, and what effect it might have on turnout, are hard to know. I suspect it’s a lot more noise than consequence, but as noted above I fear the cumulative effect. Even more so, I fear the opportunity for SCOTUS to do more damage to existing voting rights, a fear that I can’t yet quantify. Check your voter registration status, hell check it for everyone you know, and let’s keep moving.

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Lawsuit filed over Texas anti-ESG law

Very interesting.

A coalition of progressive business organizations is suing Texas over a 2021 law that blocks the state from investing in and contracting with companies that boycott the fossil fuel industry.

The suit, filed in federal court in Austin on Thursday by the American Sustainable Business Council, argues that the law infringes on the companies’ free speech and association rights and does not allow banned companies due process. The law, it argues, constitutes viewpoint-based discrimination that allows the Texas comptroller to punish speech he dislikes. Texas Comptroller Glenn Hegar and Attorney General Ken Paxton are named as defendants.

“Among ASBC’s many projects are efforts to encourage sustainable investing and sustainable business practices,” lawyers for the council write in the suit. “These are all cornerstones of the modern Texas economy. Yet, SB 13 takes aim at, and punishes, companies that speak about, aspire to, and achieve this goal.”

Republicans pushing SB 13 contended that doing business with companies that boycott fossil fuel-based energy companies has a negative effect on the Texas economy.

“S.B. 13 seeks to ensure that taxpayer dollars are not being used to promote an agenda that hurts the state’s energy sector and economy as a whole by prohibiting investments by certain state entities in companies that boycott these energy companies,” the bill analysis reads.

As of this month, there are almost 370 businesses and investment funds, including Blackrock, Inc and HSCBC Holdings, PLC, that the comptroller’s office has blacklisted for their boycotts of the oil and gas industries.

[…]

In Thursday’s suit, the business council argues that SB 13 forces members “to choose between their First Amendment rights and their ability to compete for investments from and contracts with” the state. It also argues the law is written so vaguely that council members can’t determine whether their actions or expressions constitute a boycott.

SB 13 is similar to a 2017 law that blocks state investments and certain contracts with companies that boycott Israel. In 2019, after a federal judge blocked enforcement of the law, finding that it would violate the First Amendment, lawmakers narrowed the law to exclude small businesses and small contracts.

See here for some background. Remember when Mitt Romney was out there saying that corporations are people? If they are, then they have First Amendment rights, and so here we are. Chron business columnist Chris Tomlinson adds on.

The complaint filed in Austin on Thursday argues that 2021’s Senate Bill 13 was designed to boost investment in fossil fuel companies and violates businesses’ First Amendment prohibition against discrimination based on viewpoint and the 14th Amendment right to due process.

The council, representing thousands of businesses and investors, filed the suit on behalf of financial technology firms Etho Capital and Sphere, which prioritize environmentally responsible investing. The blacklist prohibits them from expanding business in Texas.

“Laws like SB 13 not only inhibit economic growth and innovation but also set a dangerous precedent for the role of government in business affairs,” Etho Capital CEO Amberjae Freeman said. “Etho Capital believes that responsible investing is not just good for the environment but also for long-term economic growth.”

[…]

Hegar has placed dozens of investment funds and 16 large firms on the list, including the world’s largest asset manager, BlackRock, along with HSBC, UBS, BNP Paribas, NatWest Group and AMP Limited. Etho Capital’s Climate Leadership ETF and Sphere’s 500 Fossil Free Fund are on the list of banned securities.

BlackRock, UBS and other companies have protested their inclusion, pointing to tens of billions of dollars invested in the oil and gas industry. But Lt. Gov. Dan Patrick and Hegar insisted on their inclusion without explaining why or how they might get off it. Thus, the complaint about due process.

“SB 13 is not just a misguided policy; it is an unconstitutional attack that stifles free speech and punishes businesses for prioritizing responsible investments,” David Levine, president and cofounder of the council, said. “By challenging SB 13, we aim to protect the rights of all businesses to operate freely and responsibly.”

Democracy Forward, a national legal organization that defends civil rights, represents the firms.

Banning major financial firms gives local governments fewer choices for bond offerings, loans and other financial services. Larger firms tend to offer better terms. TXP, an economic analysis firm hired by the Texas Association of Business Chambers of Commerce Foundation, calculated that SB 13 costs Texans $270 million a year in debt-related costs alone.

SB 13 is only one example of a nationwide movement to force corporations to do business with fossil fuel companies. Dozens of state legislatures have passed laws blacklisting companies for implementing environmental, social and governance safeguards. Courts have already stopped Oklahoma and Missouri from imposing similar statutes.

I’m old enough to remember when Republicans thought it was a bad idea for the government to “pick winners and losers” in business. Those were the days. I’m a little surprised that it’s taken this long for a lawsuit like this to be filed, but better late than never. As with most litigation these days, I don’t have much optimism once it gets to the appellate level. We’ll see. The Trib and Bloomberg Law have more.

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Metro to kill Inner Katy line

This is such bullshit.

What was promised…

The Metropolitan Transit Authority will further reduce its previously planned bus rapid transit efforts while boosting police presence on its routes and increasing its investment in so-called microtransit under its proposed fiscal 2025 budget.

The draft spending plan, unveiled on the agency’s website Thursday, includes a $973 million operating budget and $598 million in capital expenses.

That represents a 6.3 percent increase in the operating budget and 42.2 percent increase in capital spending.

The proposal calls for $7.2 million for 175 new security positions and increasing hiring incentives for the Metro Police Department, along with $10.3 million focused on more reliable service. According to Metro, those reliability investments will increase bus service by up to 3 percent.

Those investments include $1.9 million on microtransit services and funding to launch an additional curb-to-curb service route.

The proposed budget also will “de-scope” some projects, including the Inner Katy bus rapid transit line. The project will now be a high occupancy vehicle lane from the Northwest Transit Center to downtown, and comes after the agency opted to pause its planned University bus rapid transit line, citing cost and changing ridership. Both projects were part of the voter-approved MetroNext plan.

[…]

The University and Inner Katy BRT lines were key features of the MetroNext plan, which the agency’s previous leadership had said would drastically change public transit in Houston. Voters in 2019 approved $3.5 billion in bonds for the initiative. None of those bonds have been sold.

I stand by what I said before, that this Metro board is nullifying the 2019 election and lying to our faces about it. There was an HOV lane component to that referendum, but this wasn’t it. We were promised an expansion of rapid transit, we voted to approve that promise, and now it is being taken away because this Mayor and the Metro board members he appointed don’t want to do that. I am thoroughly disgusted.

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Different HISD bond referendum poll, different result

Not a big surprise, but that doesn’t mean one is right and the other is wrong.

Just days apart, two polls related to Houston ISD’s proposed $4.4 billion school bond forecast clashing results, with a new survey released Tuesday suggesting voters might reject the record-breaking package.

The latest survey, released Tuesday by the Texas American Federation of Teachers, shows just over half of 736 likely voters surveyed said they would vote against the proposal for billions in campus, technology and security upgrades. About 30 percent of likely voters surveyed said they would support the bond, while nearly 20 percent said they were undecided or would not vote on the proposal.

Leaders of the Houston Federation of Teachers, a local affiliate of the Texas AFT union, have vocally opposed the bond, though the poll was conducted by Z to A Research, a public opinion research company catered to Democratic campaigns and causes.

The results arrive five days after Rice University’s Kinder Institute for Urban Research released a poll showing nearly three-quarters of about 1,900 HISD residents would back a school bond package that does not raise property tax rates. That survey did not ask respondents whether they would support HISD’s exact proposal, which had not been finalized at the time of the poll. The district’s $4.4 billion plan does not include a property tax rate increase.

[…]

The wide gap between the two polls’ findings may stem from some key differences in the structure of the surveys, including question wording, sample size and methodology.

The Texas AFT poll asked directly about HISD’s current bond proposal, while the Rice survey asked more broadly about support for a school bond that does not raise property taxes.

“Question wording is everything,” Z to A Research Founder Nancy Zdunkewicz said. “People behave differently when they have the actual ballot language in front of them.”

Additionally, the Rice poll questioned more than double the number of residents compared to the Texas AFT poll. Rice targeted all adult residents of HISD, while the Texas AFT surveyed likely voters, a group that skews slightly older and whiter than the full district population.

See here for the background. While this poll is closer to my own belief of where this issue stands, it’s still approaching the question in a curious way. Here’s the poll memo, which asks the first question as follows:

“Do you support or oppose a property tax increase in Houston Independent School District to fund $4.4 billion in bonds to update and repair HISD buildings and for new technology?”

There are three problems with this. One, HISD promises that the bond won’t necessitate a tax increase. You can believe them on that or not, but if the driver of opposition to the bond is the possibility of higher taxes and that point is in dispute, that casts doubt on the question’s premise. Two, we all know that the people leading the opposition to this bond aren’t making any tax increase arguments about it. They’re arguing that Mike Miles can’t be trusted – “no trust, no bond” – and that we should wait until he’s gone to pass a bond. Go read this story about Rep. Sylvia Garcia’s town hall about the bond referendum – this is what Ruth Kravetz was saying, and the issue of property taxes wasn’t a main point. People will make arguments they’re less fond of to win an election, but there’s no way this won’t be fought about Mike Miles and the takeover.

And three, for all the quibbles that I had with that Kinder poll, the main point they made is that people will still support the bond if the tax increase is modest. Support drops off pretty quickly once the amount of the increase gets beyond nominal levels, but the point here is that the “tax increase” issue is not binary. How much of an increase matters. You can certainly argue that HISD is not being honest about the need to raise taxes, but it’s a lot harder to say by how much. Also, too, even in that Z to A poll, more Democrats still said they’d support the bond than oppose it even with a tax increase. This is why this election won’t be fought on the “tax increase” turf – that’s not the main issue for the biggest bloc of voters, who under normal circumstances would greatly support the bond. The reasons people aren’t supporting this one are unique to our current situation. That’s what the opponents really want to talk about, but it’s not what is reflected in this question.

The next question listed in the poll memo is a straightforward presentation of the referendum language, which is what I want to see in a poll, but only “after hearing the arguments from supporters and opponents of the bond”. They do not present any data about what happened when they asked that question before presenting the arguments for and against, which either means they didn’t ask – which would be a very strange omission, as surely you want some idea of how effective those arguments are – or they just don’t tell us what the numbers are, which suggests to me that they look pretty good for the bond up front. That’s surely not what the opponents want to lead with.

Look, I can believe that most voters can be persuaded to vote against the bond. The opponents have a lot of material to work with. But when you put forward this kind of question and tout its results, you assume that 1) the voters will actually hear your anti-bond arguments, which is a tough assumption in a Presidential election year, let alone this one; and 2) you’re making the actual arguments the other side will make on their behalf. You can’t assume that – they may do a better job of advocating for themselves than you will, or maybe they’ll be less forthright about their position, or maybe they’ll find a distraction to focus on and fight on turf you weren’t expecting. You’re making a lot of assumptions, and you haven’t even told us what those supporter and opponent arguments were. I’m sorry, but I have my doubts about your numbers.

Again, I think this election is nowhere near as favorable to the bond as the Kinder poll suggested. I think the past record of bonds plus the clear level of opposition to this one strongly implies that this will be a tough sell for HISD, though not an impossible one. All I’m asking for is a poll that asks the appropriate questions for the issue at hand. Surely someone can produce that for me. The Chron has more.

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Katy ISD keeps doing Katy ISD things to library books

I suppose it’s useful to be reminded, as we slog our way through another Year Of Mike Miles, that the suburban school districts around us have their own unique set of dysfunctions.

The Katy ISD board of trustees passed a measure Monday that adds books on gender fluidity to the list of banned book topics in the district.

Five of the seven board members voted to approve the changes to the book banning policy. Rebecca Fox and Dawn Champagne, who spoke out against the measure, abstained from voting.

Board president Victor Perez and trustees Amy Thieme, Morgan Calhoun, Lance Redmon and Mary Ellen Cuzela all voted in favor of the ban.

The measure, according to district documents, mandates the removal of all books in elementary and junior high libraries that “contain material adopting, supporting or promoting gender fluidity.” Parents would have to opt-in for high school students to access the literature.

Gender fluidity, according to Perez, is the “view that gender is a social construct that espouses the view that a person can be any gender or no gender, i.e. non-binary, espouses a view that an individual’s biological sex should be changed to match a gender different from that person’s biological sex, hormone therapy or other medical treatments or procedures to temporarily or permanently alter a person’s body so that it matches a gender different from that person’s biological sex.”

The gender fluidity ban is an extension of the book ban passed in August of 2023, whereby the board of trustees banned all books containing “sexually explicit material.”

Champagne said she didn’t support the policy. She thinks it’s a potential violation of Texas law and could open the district to lawsuits, given that Perez’s definition is too general and sweeping.

For example, she said, A.A. Milne’s beloved character Winnie the Pooh is technically genderless. “The character has a male voice and we think of him as male, but its name is ‘Winnie,’ which is usually a girl’s name,” she said. “You can’t tell what he is.”

[…]

Amanda Rose, president and founder of Katy Pride and a Katy ISD parent, noted that the new ban would prevent their child from reading books about families like theirs.

“To know that my child may not be able to see their family structure represented in a public school library is gut-wrenching,” Rose said. “Imagine having to tell your child, someone that loves deeply, that books about families like theirs are not welcome in their school library: the place that should be accepting to everyone.”

Katy ISD is a multitime offender in this category, so none of this is a surprise, however much of a disgrace and disappointment it is. In this case, it’s like Katy ISD saw what they were doing in Fort Bend and took it as a challenge.

I mean, once again, we know what the problem is and what the solution is. Three of the five trustees that voted for this mess were elected last year with the help of the Harris County GOP. The rest of us need to make this a priority. The Press

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New COVID vaccine available

In case you missed it.

The Food and Drug Administration announced Thursday it has greenlighted updated COVID-19 vaccines from Pfizer and Moderna for the 2024 fall season. The decision clears the way for distribution to begin for the latest version of the shots earlier this year than last year.

Moderna and Pfizer’s shots were revised this year to target the KP.2 variant of SARS-CoV-2, the virus that causes COVID-19, as part of a now-annual process undertaken by the FDA and health authorities around the world to update the vaccines to protect against newer strains of the virus.

“Given waning immunity of the population from previous exposure to the virus and from prior vaccination, we strongly encourage those who are eligible to consider receiving an updated COVID-19 vaccine to provide better protection against currently circulating variants,” said Dr. Peter Marks, Director of the FDA’s Center for Biologics Evaluation and Research.

Similar to previous seasons, the Centers for Disease Control and Prevention is recommending that all Americans ages 6 months and older get a shot of the “updated 2024-2025 COVID-19 vaccine” to protect against another expected surge of the virus this fall and winter.

In a presentation to the American Medical Association earlier this month, CDC Director Dr. Mandy Cohen recommended starting to administer COVID-19 shots this year as soon they are available.

“Then the administration should continue through September, October, November, those are the months you really want to be paying attention to,” she said.

Both Moderna and Pfizer say they expect the first shots from their vaccines to become available in the coming days around the country. Another updated vaccine from Novavax is also expected to get the FDA’s authorization this year.

“FDA has committed to moving swiftly on regulatory authorization. We expect to have authorization in time for peak vaccination season,” Novavax said in a statement.

It’s been quite a busy summer for COVID – just anecdotally, I know lots of people who’ve had it recently, and I’ve seen many more postings on social media or other announcements as well. The good news is that while infections are up, hospitalizations and deaths remain relatively low. Make no mistake, a lot of people are still dying from COVID, but far fewer than in the early days, before the first vaccines and their widespread acceptance, and the hospitals are able to keep up.

I’m getting uncomfortably close to the point at which my age becomes a COVID risk factor, and we’re planning to travel to see family over the holidays, so you better believe we’ll be getting our latest boosters. I was asked if I wanted to get a flu shot the other day when picking up a prescription at CVS. I’ll be double-dipping the next time I’m there. Here’s some useful guidance to help you make your plan for a shot. Don’t miss out.

Posted in Technology, science, and math | Tagged , , , , , | 1 Comment

Texas blog roundup for the week of August 26

The Texas Progressive Alliance is not going back as it brings you this week’s roundup.

Continue reading

Posted in Blog stuff | Tagged , | 5 Comments

Election monitors coming

::rolls eyes::

The Secretary of State’s Office will again assign state inspectors to observe the handling and counting of ballots and monitor election records in Harris County, the state agency said while releasing a new audit outlining problems with the county’s elections in 2021 and 2022.

The audit, released late Friday, found that in those years, Harris County election officials did not follow state-mandated rules related to voter registration list maintenance; failed to adequately train election workers, which led to problems at the polls; and violated the law when it failed to estimate and issue the required ballot paper at some polling locations.

Harris County failed to adequately train election workers on how to properly set up and operate the voting system, the audit found, which “may have impacted the high percentage of equipment malfunctions” in the November 2021 constitutional amendment election. The county then did not adequately address these training issues prior to the March 2022 primary, the state said.

Former Harris County Elections Administrator Clifford Tatum did not immediately respond to a request for comment on the audit’s findings. Harris County Clerk Teneshia Hudspeth, who took over running elections last September after state lawmakers passed a law eliminating the election administrator position in the state’s most populous county, said in a statement that her office “will continue to ensure that the concerns that plagued the now-defunct Elections Administrator’s Office are not revisited.”

In the audit report, the Secretary of State’s Office said current Harris County election officials, who didn’t oversee the elections included in the audit, have worked to address the problems and correct the county’s procedures.

[…]

Hudspeth has presided over multiple county-wide and municipal elections, including a primary and a runoff election, since taking over last September. Although a storm left at least a dozen locations without power during the primary runoff election in May, voting wasn’t disrupted.

Speaking on a panel at the annual training for election officials hosted by the Secretary of State’s Office in Austin earlier this month, Hudspeth said her office has created a compliance team made up of roughly four people familiar with every step of the election process and responsible for properly documenting it. After each election, that team also digitizes election records and labels them to be used for auditing purposes or during election challenges, if necessary.

“It makes it easier for us to identify when the audit comes, what we need to pull together,” Hudspeth told hundreds of Texas election officials who gathered at the event. “Not every audit is exactly the same. It doesn’t always look the same. It isn’t always the same exact information, but what we have learned over time, is to put a process in place.”

Emphasis mine. The fact that the audit was released on Friday afternoon tells you all you need to know about what it did (and more importantly, didn’t) say. Harris County has had some issues conducting elections in past years, but it was all human error and the response from the state has been wildly out of proportion. We all know where that comes from. The burden of that once again falls on County Clerk Teneshia Hudspeth, and as much as she doesn’t deserve that, we’re lucky to have her. I very much hope this will be the end of it.

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FBISD’s restrictive new library book policy

As dumb and misguided as this is, the good news is that there’s a straightforward solution to it.

The Fort Bend ISD board voted to approve a library book policy on Monday that critics have called the “most restrictive in the state of Texas.”

The board voted 5-2 to approve the policy that allows the superintendent to have sole authority to remove content from library shelves, meaning that the mandated library materials review committee will be optional going forward.

Critics, who turned out to oppose the vote, said this library policy could result in hundreds of books being taken off Fort Bend ISD library shelves.

“I cannot believe that an independent American public school has reached this point,” Dhruti Pathak said. “This policy is appalling to me.”

Pathak, an Elkins High School student, grew up in Saudi Arabia, where she saw the impacts of censorship “firsthand.”

“We are definitely headed in an extremist direction,” said parent Anna Lykoudis-Zafiris.

Thirteen stakeholders spoke against the policy at public comment before the deciding vote. One speaker, student Christopher Pontiff, was honored at the beginning of the meeting.

“I do want you all to consider the hypocrisy of restricting information while congratulating me for the very design that advocated for the openness of information,” Pontiff said.

He then brought silence to the room, asking the board to look at parents standing in opposition to the policy for the two minutes left on his clock. Board president Kristin Tassin attempted to move along with the commenters, but Pontiff declined to yield his time.

[…]

An earlier version of this policy came across the dais in April, when the board voted to table the vote and edit the policy in workshops and board policy committee meetings. The policy was discussed again in June during a board workshop before returning to discussion during the Aug. 12 board workshop.

During this time, the policy edited to address some of the community’s concerns, such as banning books that “stimulate sexual desire” among minors, a vague statement without directions as to how that would be decided.

The updated policy mandates that content must not “promote sexual activity among minors or contain graphic images or explicit descriptions of sex acts or simulations of such acts,” and does not describe what “simulations of sex acts” means.

The policy also stipulates that library books “foster growth in… aesthetic values and societal standards,” two terms that are not defined.

It also mandates that content not promote “unlawful” activity, such as illegal use of alcohol, tobacco and drugs by minors. The original policy proposed that content in elementary schools must not depict or describe nudity in a way that “appeals to prurient interest,” but it was amended to remove that sentence and then add a new sentence that read instead that no depictions of sexual activity promoted the touching of genitals amongst minors.

Prurient, according to the Miriam Webster dictionary, is defined as “arousing, or appealing to sexual desire.”

The policy was edited to add the term “or superintendent’s designee” in some areas to allow the superintendent to delegate the library materials tasks to someone else, which trustee David Hamilton said came in response to community feedback. Still, the policy as written does leave the authority with the superintendent to either make decisions himself or to choose who to delegate those decisions to.

Critics have said that this measure allows for pressure to be inflicted on the superintendent from the board if someone wants a book removed immediately, without a formal reconsideration process, which would be allowed by this policy.

Trustee Shirley Rose-Gilliam was concerned that this policy was putting the superintendent in a difficult situation.

“I sure hope that we are not going to put Dr. Smith in a situation where we are going to have a board member that wants a book off the shelf, and then he is the one that is going to have to have to do that,” Rose-Gilliam said.

Trustee Rose-Gilliam was not speaking hypothetically, as her fellow trustee David Hamilton is the driving force behind this policy and also a major filer of complaints about various books. You should read the rest of the article – the Press also has a good, comprehensive report – and also this post by Franklin Strong, whose work I’ve cited here numerous times as the co-founder of the Texas Freedom to Read Project and tireless analyst of school board trustee races. FBISD Trustee Hamilton has attacked Strong in his pro-censorship rants on social media, so you can see where this is going.

The answer here is what the answer always is: You gotta vote these nutjobs out. Five trustees voted for this policy. They may not all be as bad as David Hamilton, but they supported his work. People are more aware of this threat to the freedom to read now, and they are speaking out and putting pressure on their school boards, with an admirable boost from affected students themselves. That’s all great and wonderful and necessary, but it’s not sufficient. The problem trustees need to be voted out and replaced with people who are on our side. I don’t know how to be any more explicit about this.

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Watch out for Waymo

We’ve talked a lot about Cruise’s so far ill-fated attempt to do robotaxi service, mostly because it was briefly available in Houston (and may be again soon), but the most successful purveyor of such services out there has been Waymo. And they keep growing.

Waymo is now providing more than 100,000 paid robotaxi rides per week in the U.S., according to a LinkedIn announcement by co-CEO Tekedra Mawakana. That’s double the 50,000 weekly paid trips the company reported in May.

A spokesperson for the Alphabet-owned driverless vehicle venture told CNBC on Tuesday that San Francisco now “serves the most trips” among the cities where Waymo operates its commercial service: San Francisco, Phoenix, Austin and Los Angeles.

Last month, Alphabet announced that it was investing an additional $5 billion into Waymo, which started as a self-driving project at the company in 2009.

On Monday, Waymo revealed details about its new, “generation 6” self-driving system, which should enable the company to offer driverless services in a wider array of weather conditions and without requiring as many costly cameras and sensors in its vehicles.

Waymo, which boasts around 700 vehicles in its fleet today, operates the only commercial robotaxi service in the U.S., Waymo One.

They’re mostly in the San Francisco area and Phoenix, but as that Monday story notes, they’re looking to expand.

Alphabet-owned Waymo revealed details about its newest “generation 6” self-driving technology on Monday. Its new driverless tech, integrated into Geely Zeekr electric vehicles, should be able to handle a wider array of weather conditions without requiring as many costly cameras and sensors on board.

The company invited CNBC to its Mountain View, California, garage to see the new robotaxis in development. Satish Jeyachandran, Waymo’s vice president of engineering, said the team is “confident we can bring this generation to market much faster than the prior generation,” citing advances in machine learning technology and semiconductor performance.

Waymo’s commercial robotaxi service first went live in late 2018 in the U.S. The company previously integrated its driverless systems into Chrysler Pacifica hybrid minivans and fully electric Jaguar I-PACE SUVs.

Executives are sharing details about the forthcoming robotaxis as Waymo works to scale its existing service, Waymo One, within the Sunbelt cities of San Francisco, Phoenix, Austin, Texas, and Los Angeles.

Waymo has been testing in Austin and offering ride-booking services since March. The National Highway Traffic Safety Administration opened a preliminary investigation into their vehicles in May, over “reports that the company’s cars caused traffic problems, including crashes, in a number of cities”. That appears to still be ongoing. No current indication of when actual robotaxi service would come to Austin, but you can get on the waitlist now, if that’s your thing. I’m perfectly happy to let other cities do the beta testing here. Let us know when and if it’s ready for prime time.

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More on Paxton’s “election fraud” raids

It’s just wild stuff.

Cecilia Castellano

A Democratic candidate for the Texas House on Monday dismissed as “nonsense” a state investigation into a vote harvesting scheme that led authorities to confiscate her phone and search the homes of a legislative aide and elderly Latino election volunteers.

Cecilia Castellano, who is running to succeed state Rep. Tracy King, D-Uvalde, made the remarks during a news conference that featured some of the South Texans who were served search warrants last week.

Latino civil rights leaders and state lawmakers also said on Monday they will ask the federal government and Texas Senate to investigate the raids.

League of United Latin American Citizens leaders have said authorities searched the homes of elderly Latino election volunteers pre-dawn with guns drawn and scant information about their probe. They have blasted the raids executed by Attorney General Ken Paxton’s office as an effort to intimidate Latino voters.

Without naming him, Castellano said the state’s top Republicans had publicly endorsed her opponent, former Uvalde Mayor Don McLaughlin Jr.

“Do not get distracted by this nonsense,” Castellano said. “Despite the challenges, I refuse to be silenced.”

[…]

LULAC officials plan to file formal complaints with the U.S. Justice Department, seeking a federal review of the state’s investigation and raids, said Gabriel Rosales, LULAC’s Texas state director.

“We didn’t break any law,” Rosales said. “All we did was go out there to increase the political participation of the Latino community.”

State Sen. Roland Gutierrez, D-San Antonio, said he and another lawmaker planned to request a state inquiry from Lt. Gov. Dan Patrick. Such a review is unlikely to be granted by Patrick, a staunch Republican who presides over the Senate.

See here for the background. It’s hard to imagine a valid need for armed pre-dawn raids on the homes of a bunch of elderly folks. What exactly were those DPS troopers expecting to find? One wonders where we might be now if one of the cops had shot someone, or if one of the targets had suffered a heart attack from the stress. I hope the Justice Department responds quickly and firmly, if only to ensure that this isn’t some half-assed fishing expedition. Reform Austin and the Current have more.

UPDATE: From Texas Public Radio.

[87-year-old LULAC member Lidia] Martinez said her LEE High School area home was raided not long after she woke up at 5:30 a.m. last Tuesday.

She said seven armed men and two armed women were at her home for hours searching and questioning her about voter registration, LULAC, and Medina.

She said she helps seniors register to vote or helps them with their mail-in ballots if they need it, but she did not do anything illegal. She said she does not fill anything in for anyone on voter forms.

“They questioned me for three hours,” she said. “At one point, they had me outside in front of all my neighbors while they searched the living room, and they never let me get dressed. It was just very embarrassing, intimidating harassment. They searched everything in my house.”

Shameful. I don’t care what you think you’re doing, there’s no call to treat an 87-year-old like that.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , | 1 Comment

What’s in a (community college) name?

So what should we call you, HCC?

Houston Community College may consider changing its name as the institution expands its offerings to include bachelor’s degree programs, administrators said at a Wednesday board meeting.

The possibility is already a hotly debated topic among the board’s trustees, with early discussions yielding split opinions on the necessity and prudence of such an undertaking. Several members agreed that the words “community college” on a baccalaureate diploma might be a tough sell for employers with a plethora of college graduate candidates. Other trustees called a change a distraction, especially with the institution in the hot seat to improve its graduation and retention numbers for better funding from the state Legislature.

“I’m taken aback about why we are even talking about this when we have a whole lot of work to do,” District III Trustee Adriana Tamez said.

“Before you came on board, with all due respect, chancellor, according to my colleagues, the sky was falling here at HCC,” she said later, referencing Chancellor Margaret Ford Fisher’s hiring this year.

A name change would most likely drop “community” from the institution’s brand, mirroring the same action taken at Dallas College in 2020 and other community colleges before that. Lone Star College, for example, evolved from North Harris Montgomery Community College District, and South Texas College was known as South Texas Community College McAllen.

Ford Fisher argued that the board couldn’t undo what it did with the approval of its two new bachelor’s degree programs, which begin classes this fall. Community colleges are increasingly widening their offerings amid changing workforce needs, and four-year universities are exploring the same with certificate programs, she said.

In June, the Southern Association of Colleges and Schools Commission on Colleges approved the college’s request to offer baccalaureate degrees in artificial intelligence and robotics as well as healthcare management. The name change would help differentiate the school and represent its offerings in both associate’s and bachelors degrees, the president said.

I confess, I missed that earlier story about HCC offering some baccalaureate options, though I did see the story about Sam Houston State gearing up to do some certificate programs. I have no objection to them experimenting and expanding their offerings, though I’m not sure how good a fit any of it is. I’m ambivalent about the idea of a name change. I can see how it might make sense, but maybe we should wait a bit and see how this bachelor’s thing works out before we fully commit to the concept. I would also prefer to not spend too much money on the rebranding, if possible.

If we do go down this road, I think “Houston College” makes the most sense as the new name. It’s consistent with other schools of this type, and it’s not a recent innovation – the community college in San Antonio has been “San Antonio College” since at least the 80s when I was a student at Trinity. We’ll cross that bridge when and if we get to it.

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Another Loving County election tossed

Wow again.

The Texas Eighth Court of Appeals overturned results in a third race in the November 2022 general election in Loving County, Texas, the least-populous county in the United States, after a district court overturned two other close races in a 2023 ruling.

This sparsely populated pocket of Texas has a 2020 census population of just 64 in the 671-square-mile county — “home to more wildlife than voters” as Justice Lisa Soto of the Eighth Court of Appeals commented in the court’s opinion. “There, perhaps more than anywhere, does the maxim ‘every vote matters’ ring true.”

That is why three losing candidates in the county’s 2022 general election sued the winners over the extremely close results. The candidate for County and District Clerk had lost by just 12 votes, while the race for Precinct 2 Commissioner came down to a mere six. And the race for Justice of the Peace ended in a dead tie with a 2-vote margin in the runoff.

Their particular challenge focused on the actual residency of 26 of the roughly 110 registered voters in the tiny county.

In its 2-1 decision published Friday, Soto, writing for the majority, agreed that 10 people of those contested people had not made Loving County their legal residence at the time they cast their vote.

Soto was joined in the majority opinion by Chief Justice Jeff Alley. Justice Gina M. Palafox dissented.

“Determining residency under the Election Code has long depended on several factors, including a person’s volition, intent, and action,” Soto wrote.

All ten people whose votes were thrown out had ties to the county, and visited to varying degrees, but they had designated addresses outside the county as their primary residence on various documents, from driver’s licenses to utility bills.

They could have moved permanently to Loving County, and many of them wanted to, but they did not fully do so prior to the election, making it an incomplete action, Soto said, regardless of volition and intention.

[…]

Judge David Rogers of the Midland County District Court ruled in December 2023 that under the terms of Texas election law, 10 illegal votes had been counted in the election while two voters had been legally barred from participating.

He then ordered a redo of the elections for Justice of the Peace and Precinct 2 Commissioner, since the margin of victory in both elections was less than ten. But Rogers upheld the results of the County and District Clerk election, since a 12-vote margin of error still left the incumbent with the win after removing the illegal votes.

However, the appeals court overruled Rogers’s decision on the two people prevented from voting in the local races.

Both of them updated driver’s licenses and voter registration to their Loving County addresses after they moved there in August 2022 — demonstrating “volition, intention, and action” — but they were given limited ballots due to not being on the voter rolls when they came to vote. As such, Soto said, they should have been allowed provisional ballots to cast their vote in the local races, and Rogers wrongly held that the limited ballots were proper.

The appeals court overruled Rogers’ decision not to order a redo of the County and District Clerk election.

“Upon subtracting the number of voters who illegally cast ballots and adding the two eligible voters who were improperly prevented from voting in the Loving County and District Clerk race, the differential now equals the margin of error in that race (12),” Soto wrote. “Accordingly, we remand the proceeding for the trial court to void that election and order a new election for Loving County and District Clerk as well.”

See here for the previous update. One wonders how much electoral chaos there needs to be in Loving County before the state takes an interest. At this point, as far as I know, there have been no new elections scheduled for Loving County as this matter had still been ongoing. That will presumably remain the case if this gets appealed to SCOTx. Who knows how long it may take to resolve this. Enjoy the uncertainty, y’all. Texas Standard has more.

Posted in Election 2022, Legal matters | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

That “poll” of the HISD bond referendum

I’m sorry, but this doesn’t tell us anything.

Houston ISD voters are overwhelmingly willing to support a school bond package to upgrade campuses throughout the district, according to polling released Thursday, though questions remain about whether residents will back a $4.4 billion proposal on the ballot in November.

New polling by Rice University’s Kinder Institute for Urban Research revealed three-quarters of 1,900 HISD residents surveyed in recent weeks said that they would back a school bond package that didn’t raise their property tax rates.

The finding bodes well for the district’s multibillion-dollar bond proposal this year, which doesn’t include a tax rate increase, but the temperature check leaves some uncertainty about whether voters will support the package.

The survey did not ask about HISD’s $4.4 billion proposal, which was not finalized at the time researchers conducted the polling, but rather a theoretical bond that did not raise taxes. HISD’s proposal would fund rebuilding campuses, fixing faulty air systems, upgrading school security and providing other improvements.

The results show little change in community support for an HISD bond since Rice researchers conducted similar polling six months ago. During that span, HISD’s leadership has made drastic budget cuts, ousted dozens of principals and posted major gains in student test scores.

“That’s really why we redid the survey in August, because a lot has happened between January and August in the district … so we really were curious to see if that was going to move the needle,” said Kori Stroub, associate director of research for the Kinder Institute’s Houston Education Research Consortium. “And it really didn’t at all.”

I mentioned the earlier poll in July, when the outlines of the bond issuance were coming into focus. There are several reasons why one should not take this seriously as a measure of support for the referendum.

1. It never actually asks the question whether one would vote for the specific bond package that will be on the ballot. I get that this survey was done before it was finalized, but that doesn’t change anything. It’s asking a general question about a theoretical bond, which to me is like a question pitting “generic Democrat” against a named Republican. It tells you something, but not what you want to know.

2. Along those lines, the first question the poll asks is about whether the respondent thinks Houston-area schools need more money to provide a quality education. I don’t have the exact wording of the question they asked (they never provide the questions used) but this is not only not the same thing – the question of how schools are funded is a legislative matter, and not what is on the ballot – it kind of primes the pump for the later ask about the bond.

3. The respondents are adults, in and out of HISD’s boundaries. Not voters, but adults. I expect this to be a high turnout election, but lots of adults in Harris County are not registered voters, and if we have 70% turnout of registered voters this fall, that will be an all-time record, by quite a bit. Also, too, not everyone who lives in HISD and shows up to vote will participate in that contest. In 2012, the last time we have an HISD bond referendum, which also happened to be in a Presidential election year, there was a 19% undervote rate (see page 49) in the referendum. Point being, their sample may be representative of HISD, but that’s far from the same thing as being representative of who will vote on the bond.

4. As discussed before in the previous post, HISD bond referenda are usually pretty popular, and usually pass with ease. As I said before, under normal circumstances I’d expect this referendum to do the same. But these are not normal circumstances, and the last time there was any kind of organized opposition to a bond, it barely passed. It is just not credible to me, given the recent history, that this one would pass with flying colors.

I don’t know what will happen with this bond. It may pass – the need is there, people want to support school bonds – but that absolutely cannot be taken for granted. I hope we get a real poll or two on this issue, because this wasn’t it. The Chron has more.

Posted in Election 2024, School days | Tagged , , , , , , , , , , | 2 Comments

Paxton’s “election fraud” raids

All sorts of warning bells here.

Still a crook any way you look

The League of United Latin American Citizens plans to request a federal investigation into raids Attorney General Ken Paxton conducted this week as part of what he called an “ongoing election integrity investigation.”

Gabriel Rosales, Texas LULAC’s state director, said in a statement that Paxton carried out the raids 11 weeks before the 2024 elections “to suppress the Latino vote through intimidation and any means necessary to tilt the electoral process in favor of his political allies.”

Agents raided the home of Cecilia Castellano — the Democrat running to succeed state Rep. Tracy King, D-Uvalde — and confiscated her phone as part of the search, according to Rosales. Republicans see that seat, which Gov. Greg Abbott carried by nearly 6 percentage points, as their best potential state House flip in November.

Law enforcement also searched the homes of at least five other Latino individuals, all of whom were working on Castellano’s campaign and three of whom are members of Texas LULAC, Rosales added. LULAC is a non-partisan, volunteer-based Hispanic civil rights organization headquartered in Washington.

The group is in the dark about the details of any accusations, Rosales said, “but there’s none that we’ve been privy to that merits an investigation like this that wastes taxpayers’ money.”

“It is disgraceful and outrageous that the state of Texas, and its highest-ranking law enforcement officer is once again using the power of his office to instill fear in the hearts of community members who volunteer their time to promote civic engagement,” Rosales said in a statement.

Paxton announced on Wednesday that his office executed “multiple” search warrants in Frio, Atascosa and Bexar counties the day prior as part of an investigation into allegations of “election fraud and vote harvesting that occurred during the 2022 elections.” A two-year investigation, Paxton said, provided “sufficient evidence” to obtain the search warrants.

“Secure elections are the cornerstone of our republic,” Paxton said in a statement. “We are completely committed to protecting the security of the ballot box and the integrity of every legal vote. This means ensuring accountability for anyone committing election crimes.”

Paxton’s office did not reply to a request for additional information. His announcement did not detail the targets of the raids, the number of raids, or the reason specific homes were searched.

“It’s still very vague,” Rosales said in an interview. “That’s what’s really unnerving about the whole situation.”

There’s some details about the warrants and what happened at the raids in this later story. Is it possible that there’s some genuinely illegal activity happening? Sure, politics has its share of shady characters, and as these stories make clear there’s a lot we don’t yet know. All one can do is speculate, which doesn’t add anything of value to the conversation. But you’d have to be Tooth Fairy-level naive to take this on face value. I mean, Ken Paxton, in an extremely heated election year, in a rare Republican pickup opportunity district, with vouchers on the line, and bullshit claims of “non-citizens” registering to vote on top of it all? There’s not enough salt in the world to take this with. The Chron has more.

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Miles whines about criticism

Oh good Lord.

State-appointed Houston Independent School District Superintendent Mike Miles responded to recent criticism from several Democratic state lawmakers by sending a letter telling them to “lead, follow, or get out of the way.”

The letter calls for lawmakers to “put aside the politics of grievance and divisiveness” and join him in celebrating the district’s “miraculous” results on the Texas Education Agency’s unofficial 2024 accountability results, where 55 schools jumped from a D or F rating in unofficial 2023 ratings to an A or B this year.

“Let’s end the distracting public fighting and work together,” Miles wrote in the letter published by the Quorum Report. “HISD will not stop fighting for our students. We will not stop working to change the parts of a broken system that hold too many students back. We will not stop putting our students first.”

HISD did not immediately respond to a request for comment on the undated letter.

The letter was addressed to the same nine legislators who publicly shared a letter Monday asking Texas Attorney General Ken Paxton to investigate Third Future Schools, the Colorado-based charter school network Miles founded. Spectrum News reported in May that the network moved money from Texas public schools to Colorado campuses while Miles led the organization as CEO.

Lawmakers wrote that they had “deep concern regarding the financial mismanagement and lack of transparency” associated with Miles. Their letter called for an audit of Third Future Schools Texas, an investigation into potential conflicts of interest and a closer monitoring of the organization’s governance practices to ensure the highest standards of accountability and transparency.

[…]

Miles told lawmakers he hoped they could work together to give HISD students “an example of what real leadership looks like.” He said that while they may have disagreements about some of the changes he has made in HISD, the district was changing students’ lives and futures and bringing hope back.

“I am not a politician, and I am not running for election, but I know about leadership,” Miles said. “I suspect we all strive to be leaders who bring people to their best hopes rather than play on their worst fears. We want to be leaders that get things done. I know as leaders we must fight the fights that need fighting, not just those we know we can win.”

See here for the background. I could write on and on about how thin-skinned this guy is and all, but I’ll spare us both the grief. Suffice it to say that he’s the guy in charge, he can damn well take the heat. The day may come when we’ll all owe Mike Miles an apology for his wisdom and leadership and whatever else, but today is not that day and tomorrow isn’t looking good, either. Whatever eventually happens with the test scores and accountability ratings, I will never stop having things to say about how Miles went about doing what he did and what he could and should have done better. And neither should you or anyone else.

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Weekend link dump for August 25

What would John Scalzi do? He would tell you not to idolize anyone.

“All of this shows that Trump hasn’t paid attention to what the anti-abortion movement says or demands. That’s because he doesn’t have to. He assumes—correctly, it seems—that voters opposed to abortion will pull the lever for him no matter what. And he understands that if he has a second term, he will not need to understand the ins and outs of abortion policy because he can just give that job to those who do.”

“This disparity between preelection intent and actual voting behavior illuminates the challenge that polls have struggled with in recent elections: Black nonvoters may be answering surveys in ways that suggest they’re open to abandoning the Democratic nominee. The fact that these individuals ultimately do not vote – or ultimately do support the Democratic candidate – can produce misleading preelection vote share estimates.”

RIP, Phil Donohue, iconic talk show host.

“The majority of people who are arrested for misdemeanors should be offered means-tested, pretrial diversion programs that do not compel defendants to plead guilty, so that they can exit the criminal justice system without a criminal conviction and without debt. Once the charges are dropped, evidence of these arrests should be automatically sealed from public view, at no cost to the defendant.”

I’m not sure this is a good idea.

“George Santos Pleads Guilty To Federal Charges”.

RIP, Tatcho Mindiola, veteran of the 1970s Chicano Movement who went on to create the very successful Mexican American Studies college programs at the University of Houston.

“While laws on using generative artificial intelligence in political campaigns remain somewhat piecemeal, Swift could take action against her likeness being used by Trump. Tennessee, where Taylor Swift is headquartered, recently passed a bill protecting the property rights of artists’ name, likeness and voice, as reported by 404 Media. Swift could also pursue action under defamation laws.”

Fine by me if MLB is blackballing Trevor Bauer. He deserves it.

“The 2024 Olympics were a big win for TV of all kinds”.

Love is dead.

“The Democratic Wife Guys don’t just think their wives are beautiful or great mothers; they admire their intelligence, and they support their ambition. And perhaps most importantly, they are willing to make personal sacrifices for their wives’ aspirations, something particularly true of Emhoff.”

Really wishing Kate Cox and her family all the best.

RIP, Al Attles, basketball Hall of Famer who coached the Golden State Warriors to their first NBA title in 1975.

“Chick-Fil-A Hatches Plans For Streaming Service As Reality TV Comes Home To Roost”.

“If pro-family only means that you oppose abortion, then that’s a single issue. We vote on so many pro-family issues. It’s not just one issue.”

The Pommel Horse Guy will be dancing with the stars next month.

Remember the story of the Bhutan Baseball and Softball Association, which I mentioned in February? Well, a dozen players from Bhutan, six young men and six young women, got to take a trip to New York where they visited the Hudson Valley Renegades, High-A affiliate of the New York Yankees. The next day, they got a trip to Yankee Stadium. Pretty damn cool.

“If Trump and his toadies are now complaining that Harris is treating him like the incumbent it is because in ways vast and small he has acted like one and demanded to be treated like one for almost four years. She’s taken his most perverse and vainglorious conceit and turned it into a massive liability.”

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CD18 special election lineup set

It’s Erica Lee Carter and two people you’ve never heard of.

Erica Lee Carter

U.S. Rep. Sheila Jackson Lee’s daughter, Erica Lee Carter, will be the only Democrat on the ballot seeking to finish the late congresswoman’s term, priming Carter for a few weeks in Congress as a bridge to a candidate who will fill a full term.

At the special election filing deadline at 6 p.m. Thursday evening, Carter was one of three candidates — the other two are Republicans — running to succeed her mother in the Houston-based district. If elected on Nov. 5, Carter would serve until the next Congress is sworn in on Jan. 5.

As of now, Carter will face Republicans Maria Dunn and Kevin Dural in the heavily Democratic district.

[…]

For the special election, a candidate must avoid a runoff by winning a majority of the vote to be sworn in at all, given that a special election wouldn’t take place until after the general election victor is sworn in.

In a statement when Carter announced her candidacy, she said Democrats should unite to “regain their vote.” Democratic officials in Houston, including those who sought to be the replacement nominee, endorsed Carter for the special election.

After officials selected Turner as the new Democratic general election nominee by 41 votes to 37, beating out former Houston City Council member Amanda Edwards, he told the Tribune he supported Carter on the special election ballot.

“It would be a fitting tribute to the legacy of the congresswoman for her daughter to serve out the remainder of her term,” Turner said.

Edwards said she would support the Democratic ticket.

See here for the background. I fully expect Carter to win on November 5, which is the best possible outcome. I couldn’t find any information about candidate Maria Dunn online, though I did find a voter registration for someone with that name at the same address as the one on the SOS candidate listing for the special election. As for As for Kevin Dural, he has an address listed in The Woodlands and no Harris County voter registration that I could find. Which is fine, per the Constitution all he needs to be is a resident of Texas. He has a website with no biographical information, and a quote from a news story about the precinct chair election that makes it sound like he thinks he’s running against Sylvester Turner. Hey, I get it, this has been confusing for us all.

What is now confusing me is this:

A second special election will take place in McLennan County, where Republican Waco businessman Pat Curry and Democratic attorney Erin Shank will fight in both the special and general election contests on Nov. 5.

The special election is to fill out the term of Rep. Doc Anderson in HD56, who recently resigned after previously announcing his retirement. How is it that they can be on both the special election and general election ballots, and not Sylvester Turner (and Lana Centonze, if anyone cares about her)? I have no idea. Someone previously cited Sec. 141.033 of the Elections Code in answer to the CD18 question. I don’t see how it applies to one and not the other. Anyone know what the deal is? I got nothing.

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SCOTx declares 15th Court of Appeals to be legal

Just in time for its grand opening.

The Texas Supreme Court defended the state legislature’s creation of a statewide district court of appeals, holding the new court is constitutional.

Dallas County and Dallas County Sheriff Marian Brown challenged the constitutionality of the Fifteenth Court of Appeals, which opens for business Sept. 1.

Dallas County sued the Texas Health and Human Services Commission and its officers in Travis County over a dispute about the state’s alleged failure to take custody of criminal defendants who have been adjudicated incompetent to stand trial.

The county also HHSC’s failure imposes unjustified costs on the county, which must retain custody and pay for the inmates’ treatment.

The trial court denied the state’s plea to jurisdiction, leading to an appeal in the Third District Court of Appeals.

Justice Evan Young, responding for the court on a petition for writ of mandamus, said it was too late for procedural reasons to resolve the appeal before its mandatory transfer to the Fifteenth District.

[…]

The county’s main argument was that the state constitution requires every court of appeals district is limited to a subdivision of the state’s territory.

Disagreeing with the county, Young’s response established the high courts jurisdiction and reached the merits of whether the new court is constitutionally structured. Young concluded the constitution includes grants of legislative discretion over the structure and jurisdiction of the courts of appeals.

The Fifteenth District is the legislature’s first attempt in almost 60 years to create a new intermediate appellate court, Young noted.

While the county argues it can’t be constitutional because it’s composed of all counties in the state, Young said their argument hinges on the words “divide” and “district.”

Taking these definitions, nothing in the phrase ‘the state shall be divided into courts of appeals districts’ threatens the Fifteenth Court’s constitutionality, Young said.

“‘The state’ has been ‘divided.’ The legislature immediately fulfilled its duty to ‘separate’ the intermediate court system ‘into parts,’ which for over 130 years has meant geographic regions with various levels of overlap,” Young wrote.

Referring to “district,” Young said the word can be used for statewide, state-run bodies, too. At-large districts, Young said, are hardly unknown, either—a city or other polity might have multiple districts that carve up the city alongside at-large districts that cover the entirety of the jurisdiction.

See here for some background. Justice Young’s reasoning seems like a bit of sophistry to me, but it’s not so egregious that I’m in danger of my hair catching fire. I was expecting a challenge to the legality of this court and its sibling the business court, but I thought it would be on the grounds that they needed to be created via constitutional amendment, and not a regular law. That wasn’t the argument Dallas County went with, for better or worse. I kind of suspect that SCOTx would have found a reason to uphold it regardless, but you never know. As this court becomes official on September 1, I am not sure there’s enough time for further challenges. I think we’re stuck with it, which means that we’re going to need to put some effort into winning elections for its benches. At least there will now be more things for the ambitious lawyers (and sitting judges not up for election that year) to run for.

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Here’s our World Baseball Classic schedule

In case you want to start filling in your 2026 calendar now.

When the World Baseball Classic hits Houston’s Minute Maid Park in March 2026, the ballpark will host games featuring the United States, Mexico, Italy and Great Britain.

In May, Houston was named along with Miami, Tokyo and San Juan, Puerto Rico as one of four host cities for the tournament. On Wednesday, the schedule was released with Houston hosting all games in Pool B, which includes the four aforementioned teams plus one yet-to-be-determined qualifier.

Pool play is March 6-11, and Minute Maid Park also will host two quarterfinal games March 13-14. Houston’s quarterfinal games will pit the top two teams from Pool B against the top two teams from Pool A, which includes Cuba, Puerto Rico, Canada and Panama.

Pool play at Minute Maid Park will include 10 games in six days with the United States facing Mexico on Monday, March 9.

The tournament semifinals and finals will be at Miami’s LoanDepot Park.

Tickets aren’t yet available, but fans can register on the Astros website to receive notifications when tickets go on sale.

See here and here for the background. I need to get a group together and register for that notification. I’m all in for this. If I can see a World Cup game later in the year as well, so much the better.

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RFK Jr pulls out

What a loser.

Robert F. Kennedy Jr. announced on Friday that he is suspending his independent campaign for president and endorsed former president Donald Trump.

While announcing his suspension of his campaign, Kennedy said that he is choosing to stay on the ballot in most states but will remove his name in swing states. He didn’t name which states, but according to The Texas Secretary of State website Kennedy has withdrawn from being on the Texas ballot. Kennedy did withdraw from the Arizona ballot on Thursday.

Recent polling shows Vice President Kamala Harris within striking distance of winning Texas, a stronger showing than when President Joe Biden was a candidate for reelection and was polling behind Trump in Texas by nearly double digits. In the same poll, Kennedy had roughly 2% of support from likely Texans voters. He had reached a high of 8% in earlier polling.

Two weeks ago, the Texas Secretary of State’s office accepted Kennedy’s petition to appear on the state ballot. According to the state election code, a candidate has until the 74th day before election day to withdraw from the general election.

Yes, it was barely two weeks ago that he got on the ballot. Someone sure wasted a bunch of money on that effort. According to the Associated Press, Kennedy said he “would work to remove his name from ballots in 10 swing states where he believes he does not have a chance of winning”. (Pause for deep breaths as I struggle to keep a straight face.) Congratulations to us for making it as a swing state, I guess. If RFK Jr (snicker) believes it, it must be true.

As noted before, I doubt his exit really affects anything here – probably not anywhere else either, as the weirdness factor may outweigh any positive-for-Trump effects – but it does give the pundit class a day or two’s worth of material. I’m just impressed his campaign had sufficient levels of executive function to do the withdrawal paperwork in a timely fashion. Don’t let the door hit you in the ass on the way out, dude.

Posted in Election 2024, The making of the President | Tagged , , , , , , , , , | 7 Comments

Lawsuit against FIEL tossed

Good.

A crook any way you look

A Harris County judge has denied Texas Attorney General Ken Paxton’s attempt to shut down local immigration nonprofit FIEL Houston.

Paxton originally petitioned to shut down FIEL in July for allegedly violating rules that govern the organization’s nonprofit status.

Judge R.K. Sandill, of Harris County’s 127th District Court, denied Paxton’s Aug. 15 request for a temporary injunction and petition to shut down the nonprofit. The judge’s two-sentence ruling, issued Friday, included no explanation for the denial.

Neither FIEL nor the attorney general’s office immediately responded to requests for comment.

Paxton argued that by referring to former President Donald Trump as a “son of the devil,” in Spanish, FIEL had violated government rules that limit a nonprofit’s ability to engage in political activities and the endorsements of candidates.

FIEL has yet to issue an official statement on the ruling, but the organization’s director Cesar Espinosa previously told the Landing that while it was the first time the organization had been targeted by the attorney general, he had seen Paxton attempt to silence other organizations geared toward helping immigrants.

“This is something that’s new to us as an organization, but unfortunately, we’ve seen it happen already a few times,” Espinosa said.

Harris County Attorney Christian Menefee submitted a court brief earlier this week expressing support for FIEL.

Menefee asked the court to preserve FIEL’s ability to help Harris County residents, and said the county does not believe Paxton has the authority to shut down a nonprofit in that manner.

“It’s clear that the Attorney General is overstepping his role by singling out organizations like FIEL that advocate for immigrants and their families,” Menefee said in a release. “Lawsuits like this not only undermine the hard work of organizations that provide critical resources to immigrants but also perpetuate a climate of fear and division.”

See here for the background. Paxton’s usual move in these situations is to appeal and I assume he will do so here. I don’t really think he has any chance of winning, but he can harass FIEL and make them spend a bunch of money fending him off while also sending a message to others like them. That’s probably good enough for him. You know the rest, so we’ll leave it at that. The Chron and the Trib have more.

Posted in Legal matters | Tagged , , , , , , , , | 1 Comment

The Mayor’s committee’s report on the HPD suspended cases scandal

Have at it.

Several “critical issues” in the Houston Police Department, including mismanagement by agency leaders and understaffing in key divisions, contributed to a scandal involving suspended investigations into criminal cases, an independent committee wrote in a report released Wednesday.

In the report, the five-member committee urged various improvements to the department, such as adopting a more standardized approach to case management across divisions, updating records management systems and hiring more civilian staffers.

“Addressing these problems is vital for boosting crime response and managing efficiency,” said Christina Nowak, a member of the committee who serves as the city’s deputy inspector general at the Office of Policing Reform and Accountability

The report, commissioned by Houston Mayor John Whitmire earlier this year, marks the end of the latest probe into city police classifying about 268,000 cases as suspended due to a lack of personnel. Then-Houston Police Chief Troy Finner resigned in May amid pressure stemming from the investigations.

[…]

Among the committee’s key findings:

  • “Inconsistency in case management” practices and understaffing led to uneven usage of the code across divisions, affecting some more than others.
  • The current records management system in operation at HPD is “inadequate” to meet demand.
  • A shortage of civilian staff, who are often responsible for managing information and keeping in touch with crime victims, has contributed to operational inefficiencies.
  • A “communication breakdown” between divisions and department leadership also drove the misuse of the code.

Whitmire pledged that the 88-page report would be a blueprint for change, saying several of the recommendations are already being implemented.

“This one will not collect dust,” said Whitmire, who took office in January. “It will sit on my desk and councilmembers’ desks.”

In a presentation to Houston City Council on Wednesday, Nowak said HPD’s data is scattered across multiple case management systems and often poorly kept. As a result, information is difficult to share, records contain incomplete or inaccurate information, and agency staff struggle to compare data because it’s not standardized.

Nowak added that investigative divisions operate with “near-total autonomy,” resulting in different ways of classifying cases.

The committee also found that officers haven’t received adequate training when it comes to when and how to classify cases, which led to the misclassification of thousands. About 8,800 cases were classified as non-criminal when they met the elements of a crime, the committee reported.

See here and here for some background. The report is here.

I don’t think there’s anything terribly new here. This reinforces my belief that this was a management problem first and foremost. It will cost some money to fix – better case management software, a lot of training to use it, redesigned processes, probably more civilian staff, etc – which is very much in line with what Mayor Whitmire wants to do anyway. What I want to go with that is some clear goals and metrics, to show us what that extra money is for and how effectively it’s being used, and consistent communication of how HPD is doing against those goals and metrics. This is Management 101 stuff. The moment is right for substantive changes to be made. We’ll see what we get. The Chron has more.

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The first Harris/Trump poll of Texas

Let’s talk about this for a minute.

Vice President Kamala Harris trails former President Donald Trump by 5 percentage points in Texas, shaving off nearly half the Republican nominee’s one-time advantage over President Joe Biden from earlier this year, according to a new poll released Thursday.

The survey, conducted earlier this month by the University of Houston’s Hobby School of Public Affairs, is among the first to measure where things stand in Texas since Biden dropped his reelection bid last month. In June, the same pollster found that Trump led Biden by nearly 9 percentage points.

The latest survey also recorded a 2-point lead for U.S. Sen. Ted Cruz over his Democratic challenger, U.S. Rep. Colin Allred — virtually unchanged from the June poll. In the new survey, 46.6% of likely voters said they intend to vote for the Republican senator, compared to 44.5% for Allred.

[…]

At the presidential level, independent voters appeared to drive much of the shift toward Harris: Trump now leads among that voting bloc by just 2 percentage points, down from a 24-point edge in June. Harris also gained ground among women, who now favor her by a 6-point margin after narrowly backing Trump in the Hobby School’s earlier poll.

Trump’s 4.9-point lead in the Hobby School’s latest poll is similar to the 5.6-point margin by which he carried the state over Biden in 2020.

Harris campaign chair Jen O’Malley Dillon suggested earlier this week that the campaign does not intend to make much of a play for Texas. She noted the high cost of advertising in the state and suggested it would divert resources from other more closely contested states.

“At the end of the day, our responsibility as a presidential campaign is to ensure we get to 270 [electoral votes],” O’Malley Dillon said, fielding audience questions for an event at the Democratic National Convention. “I would love to get to a bigger number than that, but that is all we care about.”

You can see the poll memo here. The Presidential numbers were 49.5 to 44.6 for Trump over Harris, with RFK Jr getting 2.7% (guffaw). It had been 48.9 to 40.3 for Trump over Biden in June.

I don’t care to get into the crosstabs or obsess over any of this. I’m trying to wean myself of that habit. For what it’s worth, this poll is more or less in line with what we’ve seen nationally, in that Harris has greatly improved on Biden’s numbers while Trump’s have stayed fairly steady. Allred and Cruz were about the same in June, which among other things means that Allred had been running considerably ahead of Biden. Biden was far and away the top Dem performer in 2020, so having Harris pull even with Allred moves things closer to that previous dynamic.

At a macro level, I believe Harris has room to grow. To me the big question is whether she can cut into the Trump-Biden gap from 2020, even a little. Assuming she is elected and comes within, say, four points here, it will be hard for me to imagine a re-election strategy in 2028 that doesn’t include seriously contesting Texas. On the flip side, if RFK Jr (giggle) does indeed drop out and endorse Trump, as the rumors have it, there will be no novel third party outlet for Republicans who don’t like Trump but don’t want to vote for a Democrat. That could help boost his total, as this will be the first real two-party race Trump has been in, and that may keep Harris from getting closer.

(This is assuming RFK Jr (snort) is actually removed from the ballot, which assumes his campaign has its shit together enough to properly withdraw before the statutory deadline. If he’s on the ballot, running or not, he’ll draw two points or so, more at Trump’s expense. We’ll know soon enough what this situation is.)

The main thing I’m looking for going forward is further evidence of real Democratic engagement and enthusiasm (so far, so very good), which I am hoping will put a couple of legislative seats and maybe CD15 in play, and help Dems hold those appellate court benches we won in 2018. I don’t expect to post much about the polls, but if something weird or unexpected comes up, I’ll be on it.

Posted in Election 2024, The making of the President | Tagged , , , , , , , , , , , , | 12 Comments

CCA to take up Crystal Mason appeal

I guess we’re doing this.

Texas’ highest criminal court will hear the case of Crystal Mason, a Tarrant County woman whose voter fraud conviction was previously overturned.

Mason, 49, has been a focal point in Texas’ tough-on-voter-fraud election laws. She was sentenced to five years in prison in 2018 for submitting a provisional ballot while she was still under sentence for a federal fraud conviction.

A Fort Worth appeals court overturned her conviction in March, citing a change in state law that requires prosecutors to prove someone intended to commit voter fraud in cases similar to Mason’s. Tarrant County District Attorney Phil Sorrells appealed the ruling in April.

The Texas Court of Criminal Appeals did not indicate why the all-Republican court granted Sorrells’ petition for discretionary review Wednesday. Oral arguments will not be held, the order said.

“Crystal’s acquittal was the correct result under the law,” Mason defense attorney Alison Grinter Allen said. “I have faith that the Court of Criminal Appeals will do the right thing and put this matter to bed at long last.”

A spokeswoman for the Tarrant County district attorney’s office said the court granted review on whether the appeals court applied the correct legal standard when it overturned Mason’s conviction.

“The next step will be for the parties to file briefs with the Court of Criminal Appeals addressing the appropriate standard of review and whether Mason’s conviction is supported by sufficient evidence,” office spokeswoman Anna Tinsley Williams said in an emailed statement.

See here and here for the previous updates, and here for the CCA’s notice. The prosecutors have 30 days to file their briefs, and Mason will have 30 days after that to respond. The CCA will then render its decision when it damn well feels like it. I am in full support of Crystal Mason and very much hope that the CCA upholds the lower court’s ruling. Spectrum News, the Trib, Houston Public Media, and the ACLU have more.

Posted in Crime and Punishment | Tagged , , , , , , , , , , , | 1 Comment

We have a statewide flood plan

Good. Now let’s see what we do with it.

Texas officials adopted their first-ever statewide flood plan Thursday, recommending $54.5 billion worth of strategies and studies to protect the 1 in 6 Texans who live or work in flood hazard areas.

The delayed “Ike Dike,” a series of gates, floodwalls and dunes proposed to protect the Houston-Galveston region from storm surge, ranked first on the state’s final list of flood mitigation projects. It also accounted for nearly half of the plan’s budget.

The full sum dwarfed typical flood prevention investments made by state lawmakers, which totaled about $1 billion in the last legislative session.

More than 3,000 of the plan’s 4,609 recommendations were to fund research that will evaluate new solutions, suggesting the strategies’ ultimate costs will be much higher.

“The intent is that it will be funded by any and all possible sources, not just by the state,” said Reem Zoun, who leads the Texas Water Development Board’s Flood Planning Division and oversaw the planning process.

[…]

The Texas Water Development Board will submit the flood plan to the Legislature on Sept. 1. Lawmakers are expected to consider the agency’s recommendations when making funding decisions for flood mitigation strategies.

The plan also made five direct legislative recommendations, distilled from hundreds proposed in the 15 regional strategies. It recommended the state set up ongoing flood mitigation funding, establish targeted assistance for remote or disadvantaged communities, expand funding to mitigate low water crossings, set up regional early warning systems and develop a levee safety program.

The board was mandated by law to create a plan as a “guide to state and local flood control policy,” but its advice is not binding: Elected officials at the state level retain control of which suggestions they will put into practice.

The agency’s own flood work did not end with the finalized plan. From now on, it will assemble an update every five years.

So the Water Development Board has a plan, which the Lege will then have to fund and put into action. I don’t have a lot of good things to say about our Legislature, but this is within their capabilities, if they don’t get too distracted by other bullshit. We’ll see how it goes. At least with all this money involved there will be plenty of groups pushing for things to happen.

The Ike Dike is high on the priority list, which is nice. Climate change is…not explicitly mentioned anywhere, giving rise to fears that the plans are inherently skewed, and that’s not so nice. As noted above, this is intended to be a living document, so things can be fixed and revised as we go. It’s a start, there’s a lot of potential benefit, and there’s room for improvement. All things considered, this is about as good as it gets around here.

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DPS will no longer update gender on drivers licenses

What the hell?

Transgender Texans will not be able to change the sex listed on their driver’s licenses, according to a policy change rolled out this week.

Under the new policy, Texans will not be able to change the sex on their licenses unless it is to fix a clerical error. Sheri Gipson, the chief of the Driver License Division at the Texas Department of Public Safety, confirmed the change when reached by phone on Wednesday.

The change comes as conservative states across the country move to make it more difficult for transgender Texans to update their documents with the sex that matches their gender identity. Similar steps have recently been taken in Florida, Kansas and Montana.

Civil rights advocates in Florida argue the move violated federal laws meant to keeping license rules consistent across states, according to The 19th*.

Transgender Texans could previously change the sex listed on their driver’s license by bringing an original certified court order or an amended birth certificate verifying the change, according to an archived version of the Department of Public Safety license website.

As of Wednesday, this information was no longer on the website.

[…]

According to this email, the policy went into effect Tuesday.

“Effective immediately, August 20, 2024, the Department will not accept court orders or amended birth certificates issued that change the sex when it differs from documentation already on file,” Gipson wrote, according to a screenshot of the email sent to The Texas Newsroom.

The email noted that the Office of the Director was reviewing the “validity” of “such documents … to ensure that all state and federal guidelines are being met.”

“For current DL/ID holders, the sex established at the time of original application and listed in the driver record will not be changed unless there was a clerical error. The sex will reflect the sex listed on the primary document presented upon original application that is already on file,” the email read.

“If a first-time applicant presents conflicting documents, such as a birth certificate with a court order requiring a sex change, the sex listed on the original birth certificate will take precedence to record the sex.”

The idea that a state agency could on its own just decide to ignore a class of court orders absolutely blows my mind. I mean, there’s so much about this that’s screwed up it’s hard to know where to begin, but that’s what stood out to me.

I have to assume there’s a lot more to come. This directive came from someone, it didn’t come from a vacuum. I assume there will be litigation, though it’s hard for me to feel any optimism about it, whether it goes via state or federal court. One also has to wonder what effect this could have on people’s ability to cast a ballot, if their drivers license doesn’t accurately reflect their gender. That may not turn out to be relevant, but I’m going to worry about it until I am reassured otherwise. There are also concerns about DPS collecting data to be weaponized against transgender individuals. You may recall Ken Paxton’s unsuccessful fishing operation from two years ago for how that might play out. The Trib gets into that.

Transgender Texans are now effectively barred from obtaining an accurate foundational government document and could become especially vulnerable to discrimination and harassment, said Ian Pittman, an Austin attorney who works with transgender Texans. The change has also raised privacy concerns from advocates of transgender people who worry their personal information will be used with malicious intent.

The internal email directs driver license employees to send the names and identification numbers of people seeking to change their sex on their license to a particular email address with the subject line “Sex Change Court Order.”

Employees are also instructed to “scan into the record” court orders or other documentation relating to the sex change request.

[…]

Pittman, the attorney who represents transgender people, is advising his clients to hold off on submitting court orders to the state because he worries they could be targeted.

“It will put people on a list that could interfere with their health care,” Pittman said. The state has already passed a gender-affirming care ban for minors, and Pittman worries that could be expanded to adults in Texas.

This is scary stuff. I’m stunned and outraged that over 90K adult Texans are essentially being told that they don’t exist. If the DPS feels empowered to do this, who might they go after next? The Chron and the Current have more.

Posted in Legal matters | Tagged , , , , , , | 9 Comments

Asking the fox to audit the henhouse

I’m not sure if that’s the best metaphor, but it’s what I came up with when I read this.

Houston Democrats asked Texas Attorney General Ken Paxton Monday to investigate a charter school network founded by Houston ISD Superintendent Mike Miles, after Spectrum News reported in May that Third Future Schools moved money from its Texas public charters to Colorado campuses while Miles was CEO.

Spectrum News reported that Third Future Schools charged its Texas schools fees that fed into a general fund, which, in part, subsidized one of its schools in Colorado before it closed. A 2022 audit also reported that Third Future Schools Texas ran a deficit due to debts to “other TFS network schools and to TFS corporate.”

Miles denied in May allegations of illegal financial practices at his former charter network. Texas Education Commissioner Mike Morath had said he referred the issue to the Texas Education Agency’s complaint team, but that initial reports did not show evidence of wrongdoing.

[…]

Nine area lawmakers asked Paxton to conduct a financial audit, review Texas Third Future schools’ compliance with state laws, and investigate potential conflicts of interest. They also asked the Attorney General to ensure Third Future Schools keeps an administrative office in Texas as required by law rather than a mailbox.

The letter also called for the office to scrutinize Houston ISD’s $4.4 billion bond, which the district’s Board of Managers voted to place on the November ballot, and that such scrutiny should include explanations of the district’s budget deficit.

See here and here for some background on that news report, and here for a copy of the letters. For a variety of obvious reasons, I don’t expect anything to come of this. I get why this was sent – you pull the levers that are available to you and hope for the best. Maybe someday when we get a real Attorney General, it may be possible to have an investigation, if one is warranted. Until then, you keep moving forward.

Posted in School days | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

From the “Definition of insanity” department

We’re just gonna keep doing this, aren’t we?

Photo by Joel Kramer via Flickr creative commons

Undaunted by legislative defeat more than a year ago, Las Vegas Sands, one of the world’s biggest casino operators, is gearing up for another push to legalize casino gambling in Texas and is reaching out to local leaders across the state to build support in advance of the next legislative session in January.

Sands lobbyists are making their case at a statewide series of roundtable forums arranged by the Texas Association of Business to build momentum for another run at gambling legislation in 2025. Nearly 50 municipal officials and business representatives from Fort Worth, Arlington, Dallas and other North Texas cities participated in one of the sessions recently in Tarrant County.

Sands leaders have expanded their North Texas footprint significantly over the past year with the purchase of the Dallas Mavericks and more than 100 acres in Irving near the former Texas Stadium site — large enough to build a destination casino resort.

Their community outreach is just one element in a multipart strategy that also includes hefty political donations and intense lobbying by Sands and other gambling interests to overcome resistance to high-end casinos and legalized sports betting.

[…]

“(Their chances) haven’t improved at all. In fact, they’ve gotten worse from last session,” Rob Kohler, a consultant for the Texas Baptists Christian Life Commission, said of efforts to legalize gambling. Legislative opposition to gambling among Republicans increased after the March primaries, Kohler said.

Sands’ latest efforts to gear up for the next session reinforces statements made by Sands chief lobbyist Andy Abboud shortly after the 2023 outcome, when he vowed to “continue to press forward with our efforts in Texas.”

[…]

Chris Wallace, president and CEO of the North Texas Commission, said his group has formed an exploratory committee to examine the issue and helped organize the conference as part of an effort to “really get our arms around” all sides of the argument over legalized gambling before lawmakers act.

He said he’s “doubtful” that the Legislature will take final action in the next session, predicting that the push for legalized gambling may require a “multi-session strategy” possibly stretching into the biennial sessions of 2027 or 2029.

See here for some background. Why they think doing the same thing but even harder will work in the future when it has failed so many times in the past is a question I cannot answer. I will once again point out that nowhere in this story does the name “Dan Patrick” appear. Until such time that either Dan Patrick says that expanded gambling is A-OK with him, or such time as Dan Patrick is no longer Lite Guv, I will continue to bet on their failure. I will also once again note that maybe a strategy of electing more people that support their cause might be the better path forward, but that would involve ousting some number of Republican incumbents, including as noted Dan Patrick, and these guys ain’t gonna do that. So they will keep running it back, and you can insert your own “Lucy and the football” joke here.

Posted in That's our Lege | Tagged , , , , , , , , , , | Comments Off on From the “Definition of insanity” department

Texas blog roundup for the week of August 19

The Texas Progressive Alliance is working on its hotdish recipe as it brings you this week’s roundup.

Continue reading

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HISD releases its accountability ratings

Here they are.

About half of Houston ISD schools saw their state-issued accountability rating jump by one or more letter grades this year, a dramatic improvement in scores following a turbulent first year under state-appointed Superintendent Mike Miles.

HISD released its projected campus accountability ratings Monday, though the grades remain preliminary because a Travis County judge issued a temporary restraining order last week blocking the release of the Texas Education Agency’s official 2024 ratings.

Out of HISD’s roughly 265 schools with ratings, 149 improved their A-through-F scores by one or more letter grade, while 87 saw no change and 29 saw their score slip, according to data released by the district.

“We are incredibly proud of what we’ve been able to achieve in one year,” Miles said in a press release. “Across the district, schools delivered significant improvements in student achievement on state assessments. … We will continue to provide high-quality instruction that builds on this growth.”

[…]

HISD said it used the state’s methodology to calculate its scores, and chose to release them despite the wider legal challenges. In early August, HISD released its preliminary scores in aggregate form, but did not publish individual campus scores until Monday.

See here and here for some background. HISD did the same thing last year, and you can see those grades as well in the searchable database in this story and in the Chron story. As I said before, I’m glad to see these improvements (though as the story notes, some schools including NES schools got worse grades this year) – we need to get these improvements, for the students and for our goal of getting rid of this guy – but the price we are paying is far too steep. I don’t have anything else to add to that. The Press has more.

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Parents of Santa Fe school shooter found not negligent

Of interest.

The parents of the accused gunman in the 2018 Santa Fe school shooting were found not liable for negligence by a Galveston County jury Monday.

The civil case was filed shortly after the shooting by parents of the victims and several wounded survivors. They accused Antonios Pagourtzis and Rose Marie Kosmetatos of failing to recognize their son’s deteriorating mental health condition and inadequately securing the family’s firearms, ultimately leading to the shooting that left eight students and two teachers dead.

“If someone commits a crime, we hold that person responsible for the crime they committed, not the parents,” said Lori Laird, an attorney for the defense. “What we should be looking at is what’s reasonable in a case like this.”

Speaking on behalf of the plaintiffs, attorney Clint McGuire said that, while the verdict was disappointing, it still helped to raise awareness about the shooting and firearm safety.

“This is one of the largest verdicts in Galveston County history,” McGuire said. “We didn’t get the ultimate outcome we wanted, but we made progress.”

McGuire said there are currently no plans to appeal the jury’s verdict.

[…]

While the family escaped unscathed, Dimitrios and Lucky Gunner, a Tennessee-based ammunition company, were found liable for the shooting. Lucky Gunner previously settled with families out of court, but the jury nonetheless found the company partially responsible for the shooting.

Since Lucky Gunner previously settled the claim, the jury’s findings were purely a matter of legal procedure and did not grant the plaintiffs anything extra in compensation. The company sold the then 17-year-old more than 100 rounds of ammunition used in the shooting. At no point did they request identification from Dimitrios.

It remains unclear how plaintiffs intend to collect the millions owed to them by Dimitrios, who is currently in a state mental health facility.

See here for a bit of background; as noted in that post, I had not followed this particular shooting closely. I’m okay with this verdict – while there are times when the parents of a mass shooter can and should be held responsible, this didn’t look like a clear case of that to me. I’m glad that the ammunition supplier will have to pay out – I very much favor lawsuits against the profit-seeking enablers of these massacres.

All of this is against a backdrop of the extreme need for legislative mitigations, beginning with the corrupt Supreme Court and going from there. Lawsuits like this have become the only means for finding any kind of accountability, and that’s among the many, many things that are wrong with this picture. We have a long way to go, but we can get there. The Trib and Texas Public Radio have more.

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Everything you wanted to know about trees in Houston but were afraid to ask

A good overview.

In the weeks following the storm, Houstonians had to dodge fallen trees, branches, debris and more across the region. In fact, Hurricane Beryl potentially impacted about 50 percent of urbanized-area trees, according to the Texas A&M Forest Service.

“Hurricanes don’t discriminate,” said Aaron Stottlemyer, head of the forest analytics department at Texas A&M Forest Service.

Despite what many think, strong winds aren’t the sole reason many of Houston’s trees were damaged. Lack of maintenance, wind levels, and the biology of trees all have an impact on the strength and health of Houston’s trees.

Here’s what we know about what causes damage to trees and how public entities provide maintenance:

[…]

City departments cannot enter private properties for trimming, pruning or removing trees. Property owners are responsible for the maintenance of their trees.

“Regarding how trees could be impacted by the next event, it really depends on a lot of factors including wind speed and duration, amount of rain, soil conditions at that time, and how well trees were maintained leading up to the event,” Stottlemyer said.

Eric North, a certified urban forester with Arbor Day Foundation, said owners need to remember trees are a long-term investment and are living organisms – they must be planted, pruned, maintained and inspected.

Healthy trees can better withstand storms and recover from damage.

He recommends residents hire certified arborists to inspect a tree before and after a storm.

Trees at risk of causing dangerous situations include those that might have been standing straight one day and then leaning over the next day, those whose soil seems to be off, or those with large branches hanging off.

If a property owner plants a new tree, they need to consider its position in 10-20 years, North said.

Most trees can’t handle floods for a long time and can go into drought-like situations. To help the trees, owners can manage water resources beforehand by not overwatering or underwatering a tree, he said.

If a tree is flooded, there isn’t much an owner can do but watch the tree over time and then have a professional make an assessment.

“We don’t want to save trees that can be dangerous,” he said.

Trees for Houston, a nonprofit committed to planting, protecting and promoting trees, provides a list of resources for tree maintenance before and after storms. Click here to check them out.

The main point to understand about the storms from this year is that the drought of 2011 really did a lot of damage, both to individual trees and to the canopy as a whole. Trees that might have been healthy enough to withstand these two storms had there been no drought were sufficiently weakened as to be vulnerable. The story also covers how the city and utilities like CenterPoint do tree maintenance, and as this section notes, the rest is on us. If you’ve got a big tree on your property, it’s a good idea to call an arborist out once a year or so for inspection and maintenance as needed, so you can get rid of the branches that might become falling objects before that can happen. Read the rest for more.

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The Miles exodus continues

Brutal.

Sarah Malik used to think Houston ISD’s Lantrip Elementary School was a great fit for her daughter.

But after the state takeover of the district in June 2023, Malik said the environmental science magnet school in Eastwood, which they loved for the tenured teachers and welcoming community, began to change. Her child’s art teacher was reassigned, and students were discouraged from reading books after finishing their work, she said.

After the school’s principal and several teachers departed in the spring, Malik knew they had to go. Her daughter is now enrolled in The Kipling School, a private campus.

“We were blindsided all year with the changes that were happening,” Malik said.

Malik is one of thousands of parents who pulled their child from HISD this year. Several told the Chronicle they were leaving the district due to the stringent reforms, plummeting morale, principal and teacher departures or cookie-cutter lessons that they said did not account for a child’s individual learning needs during the previous academic year.

“I don’t want to risk another year of her being frustrated with learning,” Malik said.

HISD’s reported “membership,” or the number of students enrolled in the district on a specific day, was about 170,800 on Thursday, down by about 9,000 students, or 5%, compared to the fourth day of school last year, according to district data. The early data, however, does not reflect the official enrollment count of the state’s largest school district.

The district’s official enrollment will not be finalized until Oct. 25, but it appears to be on track to drop below 180,000 students this year. It reported an enrollment of about 184,000 students last year, and budget documents project enrollment to drop to about 179,600 this year, which would be its lowest enrollment in at least a decade.

State-appointed Superintendent Mike Miles said “people have different circumstances” so HISD enrollment will fluctuate for the first few weeks of the school year, which started two weeks earlier than last year. He said during a news conference last week that he is going to see where the dust settles before analyzing enrollment or retention strategies.

“Just like every year, students enroll over the next two or three weeks,” Miles said. “We will have kids coming to school all the way until Labor Day. I wish every kid would come on Aug. 12 or the very first day of school, but that doesn’t happen. The numbers are changing every day … but we feel confident that we’re going to keep growing in our enrollment until September.”

[…]

Virginia Snodgrass Rangel, an associate professor in the University of Houston’s College of Education, said although HISD saw improved performance on the reading and math State of Texas Assessments of Academic Readiness, the culture changes in the district’s schools have driven some students out — and it will be tough to convince them to come back.

“Culture is probably an important reason to consider why families might leave, and I hope that the district can figure out how to ensure a basic level of quality, while also making sure schools continue to be a good place to learn and a good place for teachers and principals to work,” Snodgrass Rangel said.

Similarly to last year, the district’s data shows membership declines are largest within schools in the New Education System program that was implemented last year, although the number of students at non-NES schools has declined as well. The NES model includes standardized curriculum that teachers must follow, extended campus hours, timed lessons and the conversion of libraries to Team Centers.

NES campuses reported an 8% decline in the number of students enrolled on the fourth day, while membership at non-NES campuses decreased by less than 3%. The starkest divide was among middle schools, where NES programs lost about 11% of students compared to less than a 1% decline at non-NES campuses.

The district’s declining enrollment, however, is not new this year, but a yearslong trend faced by several large urban school districts, and it predates the appointment of the board and superintendent to the 274-campus district. Measured every October, enrollment in the last decade peaked in the 2016-17 school year at 216,106.

“I don’t know that HISD is unique overall (in its enrollment decline,) but when you disaggregate these numbers, the numbers are clearly driven by the NES schools, and that suggests that there’s something unique that’s happening in HISD that likely is connected to the reform,” Snodgrass Rangel said.

A precipitous enrollment decline, led by the parents who have the means to take their kids elsewhere, has long been one of my main fears about the effects of the Miles takeover. Turns out that the more you make a place unpleasant to be, the more that people don’t want to be there.

Miles is right about one thing, that the Day One numbers are always lower than the final tally will be. Some number of students do indeed not show up right away, for a variety of reasons. We’ll get a more accurate count in a few weeks. But the fact remains that HISD projected a mild decline in the population, with Miles even speculating that the recent STAAR results might lure some people back. At this point, it would take a miracle to get close to that optimistic assessment.

We may have another year of improved performance on the metrics that Miles was brought in to improve. That would be good, and also bring us a step closer to kicking his ass to the curb. Whatever does happen there, it’s nearly impossible at this point for me to call this experience “successful”, even if it does succeed by its own standard. It’s going to take a long time to undo the damage. I will forever be furious about that.

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